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2022 Supreme(Mad) 1616

R. VIJAYAKUMAR
S. Sam Davidson Represented by the Power Holder D. Suresh – Appellant
Versus
Santhakumari – Respondent


Advocates appeared:
For the Appellant:M.P. Senthil, Advocate. For the Respondent:S. Ramakrishnan, D. Christenson Jugunu, Advocates.

JUDGMENT

(Prayer: Second Appeal is filed under Section 100 of C.P.C, to set aside the judgment and decree dated 13.08.2018 passed in A.S.No.35 of 2014 on the file of the Principal District Court, Kanyakumari at Nagercoil reversing the judgment and decree dated 20.07.2012 passed in O.S.No.115 of 2011 on the file of the Subordinate Court, Padmanabhapuram.)

The plaintiff is the appellant.

2. The plaintiff has filed O.S.No.115 of 2011 before the Subordinate Court, Padmanabhapuram for demarcation and fixation of boundaries of the plaint schedule property as per the plaintiff's document, re-survey plan and through an Advocate Commissioner appointed by the Court with the help of Taluk Surveyor. The plaintiff further prayed for recovery of encroached portions from the defendants 1 and 2. The plaintiff further prayed for a decree for permanent injunction restraining the defendants 1 and 2 from disturbing the peaceful possession and enjoyment of the plaintiff over the suit schedule property.

3. The defendants 1 and 2 who are the contesting parties did not file a written statement and remained exparte.

4. Ten documents were filed on the side of the plaintiff. The power agent of the plaintiff was e

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